In the digital age, databases have become invaluable assets, underpinning various sectors such as business, healthcare, education, and governance. As Tanzania increasingly relies on Information and Communication Technology (ICT) to drive its economy, the legal protection of digital databases has emerged as a critical issue. However, Tanzania’s current legal framework, primarily governed by the Copyright and Neighbouring Rights Act (1999), falls short in safeguarding databases, especially those that do not meet the originality threshold. This inadequacy is further exacerbated by advancements in ICT, including cloud computing, artificial intelligence (AI), and big data, which pose unique challenges for database protection.
This paper critically evaluates Tanzania’s legal framework for database protection, identifying significant gaps and vulnerabilities in light of modern technological developments. It highlights the limitations of the current copyright-based approach, which leaves non-original databases exposed to unauthorized access and misuse. By drawing on international best practices, this paper argues for the introduction of a sui generis protection regime in Tanzania. Additionally, the paper advocates for stronger enforcement mechanisms and enhanced civil remedies to deter database infringements, harmonization of Tanzanian law with international standards to ensure cross-border protection, the need for public awareness campaigns and sector-specific guidelines to foster compliance and strengthen the overall protection regime for digital databases in Tanzania.
By addressing these legal shortcomings, Tanzania can enhance the protection of digital databases, fostering innovation and securing its role in the global digital economy.
